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Can I deny visitation if my ex is using drugs or alcohol?

On Behalf of | Oct 15, 2024 | Child Custody, FAMILY LAW - Child Custody

Substance abuse issues can complicate even the most amicable co-parenting relationships. As parents are naturally protective of their children, it is only fitting to wonder about your options when you suspect your ex is using drugs or alcohol. Can you deny visitation to protect your child?

The answer is that you cannot unilaterally deny visitation without legal repercussions. Doing so could put you in contempt of court and potentially harm your custody rights. Instead, it is typically beneficial to seek a modification of the existing custody arrangement through the court system.

Custody modification is often a more effective legal remedy

Grounds for custody modifications in New Jersey include:

  • Evidence of drug or alcohol use that compromises child welfare
  • Signs of neglect or abuse while the child is in the other parent’s care
  • Engagement in unlawful affairs that endanger the child
  • Severe mental health problems that hinder the parent’s caregiving ability
  • Repeated failure to comply with existing custody or visitation arrangements
  • Child’s changing needs or preferences (if age-appropriate)

In general, courts believe that children benefit from having both parents in their lives post-divorce. To modify a custody arrangement, you will need to demonstrate a substantial change in circumstances that affects your child’s well-being.

Proving that your ex-spouse’s substance abuse negatively impacts your child’s well-being may involve gathering police reports, DUI records, failed drug tests or witness testimonies. Courts may then consider modifying the custody arrangement.

Courts may limit or pause visitation rights until your ex completes a rehab program. They might also require drug tests or treatment as a condition for seeing the child. The primary goal is to make sure children are safe and cared for at all times.

Do not take matters into your own hands

It is best to obtain legal help when confronting child custody challenges and other divorce-related problems. An experienced family law attorney in New Jersey can help you present a compelling case to the court. Taking decisive steps now can help protect your children and provide a safer environment.